Virginia Code

Va. Code Ann. § 20-116 (2026)

Effect of divorce from bed and board and what court may decree

✓ current as of May 2026

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In granting a divorce from bed and board, the court may decree that the parties be perpetually separated and protected in their persons and property. Such decree shall operate upon property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a decree for a divorce from the bond of matrimony, except that neither party shall marry again during the life of the other.

Code 1919, § 5112.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1958–2024 · leading case: Stewart v. Commonwealth, 252 S.E.2d 329 (Va. 1979).

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Stewart v. Commonwealth, 252 S.E.2d 329 (Va. 1979). · cites it 4× “Under the provisions of Code § 20-116 4 the decree removed from Stewart this privilege of preventing Mrs.”

Smith v. Smith, 104 S.E.2d 17 (Va. 1958). · cites it 8× “" Section 20-116 provides that, "In granting a divorce from bed and board, the court may decree that the parties be perpetually separated and protected in their persons and property.”

Hunter v. Sullivan, 719 F. Supp. 462 (W.D. Va. 1989). · cites it 3× “Va.Code § 20-116 (1983). It is undisputed that plaintiff did not obtain a decree of divorce a vinculo matrimonii (divorce from bond of matrimony) or final divorce until June 7, 1988.”

Wayne O. Leake v. Susan J. Taylor (Va. Ct. App. 2010). · cites it 4× “Husband alleges that the grounds for a divorce a mensa et thoro were fully corroborated by wife’s evidence in her case-in-chief and that the 4 Code § 20-116 states, In granting a divorce from bed and board, the court may decree that the parties be perpetually separated and…”

Baker v. Stover (E.D. Va. 2024). “1-1 §§ 20-116.) The Court will refer to the eighth Count as “Count IX.”

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